What is considered "PASSING" another car in NJ?

[sabt]

New Jersey

A friend got a ticket for improper passing 39:4-85. Apparently, my friend was sitting behind an SUV that stopped at a stop sign. At the intersection, the street was wide enough for two cars. The SUV appeared to be making a left or proceeding straight since it was in the middle of the road (two-way non-double yellow street) without the turning lamps on. My friend came upon the right side of the SUV and wanted to turn right. He wasn't trying to pass the SUV. He just wanted to make the right turn because the SUV was just sitting at the intersection and not doing anything. My friend's car never went passed the doors of the SUV. He couldn't. The SUV was so far into the intersection that it was blocking his view of oncoming traffic from the left side. Then, all of a sudden, the SUV started to turn right and sideswiped my friend. My friend didn't think the SUV was going to hit him because they were fairly close to each other. The cops came and filled out an accident report. My friend also didn't think that the cops were gonna issue a ticket for Improper Passing - 39:4-85 because the cop didn't say anything about it. Apparently, if your front bumper crosses the rear bumper, that's passing. But there's no such explanation of "passing" in the NJ motor vehicle law 39:1-1. My friend said he never crossed beyond the front doors of the vehicle. The accident erronesouly reported that my friend was trying to pass when in fact he was only trying to turn right.

I guess my question is: What is considered passing another vehicle? More specifically, at what point is it considered passing? If the statutes don't define passing, how do we use that as a defense in court. Hopefully, the judge will let me speak as well. My friend has never been in court so might be nervous and forget to mention things.

(The cop told my friend that he won't appear; the accident report should suffice. I thought cops have to appear in traffic court?)

THANKS!!!


Here is the violation my friend supposedly broke:
39:4-85 Passing to left when overtaking; passing when in lines; signalling to pass; passing upon right

The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. If vehicles on the roadway are moving in two or more substantially continuous lines, the provisions of this paragraph and section 39:4-87 of this Title shall not be considered as prohibiting the vehicles in one line overtaking and passing the vehicles in another line either upon the right or left, nor shall those provisions be construed to prohibit drivers overtaking and passing upon the right another vehicle which is making or about to make a left turn.
The driver of an overtaking motor vehicle not within a business or residence district shall give audible warning with his horn or other warning device before passing or attempting to pass a vehicle proceeding in the same direction.
The driver of a vehicle may overtake and pass another vehicle upon the right as provided in this section only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.

[FlyingRon]

Unless there were two lanes there he can't pass on the right even if he's turning right. "Wide enough to squeeze through" isn't going to cut it nor is going even partially on to the shoulder (paved or not) to do so. This accident is a the reason why it's against the law to pass on the right.

[sabt]

Okay. But what is considered passing? Was he supposed to stay behind the SUV all day?

He didn't squeeze through. The street is very wide. Most cars make the right turn while another is either going straight or making a left.

[mommyof4]

Originally Posted by sabt

Okay. But what is considered passing? Was he supposed to stay behind the SUV all day?

He didn't squeeze through. The street is very wide. Most cars make the right turn while another is either going straight or making a left.

Yes, he was supposed to stay behind the SUV.

It doesn't matter what most people do and get away with. That does not make an illegal maneuver legal.

Apparently, the SUV wasn't doing nothing. The driver was waiting for the opportunity to make a right hand turn. Your friend cannot dispute that argument because your friend couldn't see around the SUV.

The SUV was so far into the intersection that it was blocking his view of oncoming traffic from the left side.

[sabt]

No one has defined "passing." Is pulling up next to the vehicle passing, which is what my friend did? Or do you have to actually pass the vehicle (your back bumper crosses the front bumper of the vehicle you're passing)

[sabt]

Originally Posted by mommyof4

It doesn't matter what most people do and get away with. That does not make an illegal maneuver legal.

Well, there's a difference between the letter of the law and the spirit of the law.

[AHA]

Originally Posted by sabt

Okay. But what is considered passing? Was he supposed to stay behind the SUV all day?

He didn't squeeze through. The street is very wide. Most cars make the right turn while another is either going straight or making a left.

Exaggerate much?

[mommyof4]

Originally Posted by sabt

Well, there's a difference between the letter of the law and the spirit of the law.

Not when you are trying to find a defense to get out of a ticket.

[I_Got_Banned]

Originally Posted by sabt

Well, there's a difference between the letter of the law and the spirit of the law.

Oh nooooo. Not that again!

There are a few problems with your friends decision to try to make that right turn:

1. He still was unable to complete it because he couldn't see around the SUV.
2. He obviously was in the other driver's blind spot.
3. A single lane road is intended for a single vehicle; not two side by side. If that road was wide enough for two vehicles then the traffic and engineering department in charge of that road would have split it into two lanes or would have dedicated a right turn lane for people like your friend to use.

And one more thing... Kind of an FYI... You can go to court with your friend for moral support but unless you can pass the NJ state bar between now and his court appearance then you are not allowed to speak on his behalf.

[I_Got_Banned]

39:4-85. Passing to left when overtaking; passing when in lines; signalling to pass; passing upon right

The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. If vehicles on the roadway are moving in two or more substantially continuous lines, the provisions of this paragraph and section 39:4-87 of this Title shall not be considered as prohibiting the vehicles in one line overtaking and passing the vehicles in another line either upon the right or left, nor shall those provisions be construed to prohibit drivers overtaking and passing upon the right another vehicle which is making or about to make a left turn.
The driver of an overtaking motor vehicle not within a business or residence district shall give audible warning with his horn or other warning device before passing or attempting to pass a vehicle proceeding in the same direction.
The driver of a vehicle may overtake and pass another vehicle upon the right as provided in this section only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.
Amended by L.1951, c. 23, p. 82, s. 45.

And by the way... Even if you can find a specific definition for "passing" you have to understand that your friend was not cited for passing in a way that did not meet that definition... As if to say there was a way that he could have legally passed the other vehicle. there was not!

He was cited for "Passing". Period!

[sabt]

I think my friend is upset about it because he didn't actually pass the vehicle. As mentioned in the statute, he did not overtake the other vehicle. He waited for the vehicle to go first (turn left or go straight).

[mommyof4]

Originally Posted by sabt

I think my friend is upset about it because he didn't actually pass the vehicle. As mentioned in the statute, he did not overtake the other vehicle. He waited for the vehicle to go first (turn left or go straight).

Which, if he had stayed where he was supposed to, he would not have been in the position to cause an accident.

The SUV didn't go straight or turn left. The SUV turned right, hitting your friend because he was in a spot where he was not supposed to be.

Yes, your friend did overtake the vehicle.

overtake


Main Entry: over·take
Pronunciation: \ˌō-vər-ˈtāk\
Function: transitive verb
Inflected Form(s): over·took \-ˈtu̇k\ ; over·tak·en \-ˈtā-kən\ ; over·tak·ing
Etymology: Middle English, from 1over + taken to take
Date: 13th century
1 a: to catch up with b: to catch up with and pass by
2: to come upon suddenly

Passing a vehicle does not have to include leaving the vehicle in your dust.

[FlyingRon]

Originally Posted by sabt

I think my friend is upset about it because he didn't actually pass the vehicle. As mentioned in the statute, he did not overtake the other vehicle. He waited for the vehicle to go first (turn left or go straight).

The only thing that kept him from actually completing the pass is that he slammed into the vehicle he was trying to overtake.

This is going nowhere.

[sabt]

Originally Posted by FlyingRon

The only thing that kept him from actually completing the pass is that he slammed into the vehicle he was trying to overtake.

This is going nowhere.

Actually, the SUV hit my friend. he was stopped at the stop sign. In fact, when the SUV hit him, the SUV kept going as if nothing happened. The SUV only stopped after my friend hit the horn, which was after the hit. He didn't think the SUV was going to hit him. He probably should've hit the horn sooner.

[sabt]

Originally Posted by I_Got_Banned

And one more thing... Kind of an FYI... You can go to court with your friend for moral support but unless you can pass the NJ state bar between now and his court appearance then you are not allowed to speak on his behalf.

Is that a NJ municipal court rule? I just asked a coworker who is a non-practicing NJ attorney and he said that anyone can represent anyone in court.

I will see what happens tomorrow. Thanks!